Hope for Lalu as HC quashes pending cases against Mishra

RANCHI: The Jharkhand high court on Monday quashed four cases of the fodder scam against former Bihar chief minister Jagannath Mishra, rekindling hope for RJD chief and former Union minister Lalu Prasad. Soon after the court of justice R R Prasad quashed the cases against Mishra, Lalu's counsel prepared his petition to file at the high court seeking relief under similar provisions.

"We had moved the lower court demanding quashing of cases on similar grounds, but the plea was rejected by the CBI court on the basis that the high court had rejected a petition of similar nature filed by R K Rana, another accused in the fodder scam case," said Prasad's counsel Prabhat Kumar, adding that now they are equipped with the order passed in Mishra's case to prove their point.

Kumar admitted that they did not move the high court after their petition was rejected by the subordinate court. "We have applied for certified copies from the subordinate court and we will be filing a petition by Tuesday or Wednesday," he said.

The court approved Mishra's petition seeking quashing of cases 38A/96 (Dumka treasury), 64A/96 (Deoghar treasury), 68A/96 (Chaibasa treasury) and 47A/96 (Ranchi treasury) pending against Mishra after the counsel cited provisions of Article 20(2) of the Constitution and Section 300 of the CrPC. While, Article 20(2) states that "no one can be prosecuted and punished for the same offence more than once", section 300 (1) of the CrPC states that no one can be tried and convicted for the same offence or even for a different offence but on the same facts twice.

Mishra's counsel Nityanand Jha said: "It would have been a case of double jeopardy if my client was tried under the similar set of evidences for similar nature of accusations in different cases. Mishra was accused of larger conspiracy and he has already been sentenced in one of the cases RC20A/96 by the CBI court," he said. Mishra was convicted by CBI special judge P K Singh with a sentence of four years and fine of Rs two lakh.

Asked if Lalu Prasad can also claim relief under similar provisions, CBI counsel Mokhtar Khan said though court entertains cases on man to man basis, there are chances that his counsel would be using similar grounds to claim relief.

"Except for RK Rana most of the politicians and bureaucrats have been accused for conspiracy and they may claim relief under provisions of Article 20 (2) and CrPC 300," he said.

CBI sources said that Rana was a doctor with the animal husbandry department till 1994, before being elected MLA, and hence his involvement in the case was of different nature in comparison to Lalu Prasad or Mishra, who were mainly accused of conspiring with the suppliers and contractors, Rana petition for relief has been rejected by the High court.

Expressing happiness over court's verdict, Mishra said that he had faith over judiciary. "I have been harassed by the CBI uselessly for writing few letters in the capacity of leader of opposition for which CBI special court has already convicted me and my appeal is pending with the high court," he said.